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NATIONAL MEASUREMENT ACT 1960

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 3 Interpretation  
  • 3A Meaning of  
  • 4 Objects and application of Act  
  • 4A Application of Act--utility meters used for trade  
  • 4B Application of trade measurement provisions  
  • 5 Act to bind the Crown  
  • 6 Extension of Act to Territories  
  • 6A Application of the  

PART II--UNITS--AND STANDARDS OF MEASUREMENT

  • 7 Australian legal units of measurement  
  • 7A Regulations may prescribe Australian legal units of measurement etc.  
  • 7B Guidelines  
  • 8 Australian standards of measurement  
  • 8AA Co-ordinated Universal Time  
  • 8A Recognized-value standards of measurement  
  • 9 Verification of State primary standards of measurement  
  • 10 Measurements to be ascertained in accordance with appropriate standards of measurement,Australian certified reference materialsor certified measuring instruments  
  • 11 Conversion factors  
  • 12 Trade contracts etc. to be expressed in Australian legal units of measurement  
  • 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement  
  • 13 Contracts etc. relating to exportation or importation of goods  
  • 13A Futures contracts and contracts etc. relating to futures contracts  
  • 14 References in laws to units of measurement  

PART III--NATIONAL--MEASUREMENT INSTITUTE AND CHIEF METROLOGIST

  • 16 Overview of Part  
  • 17 National Measurement Institute  
  • 18 Metrological functions  
  • 18A Chief Metrologist  
  • 18B Acting Chief Metrologist  
  • 18C Delegation by the Secretary  
  • 18D Delegation by the Chief Metrologist  

PART IV--USING--MEASURING INSTRUMENTS FOR TRADE

DIVISION 1--Overview of Part
  • 18G Overview  
  • DIVISION 2--Requirements for use of measuring instruments for trade
  • 18GA Measuring instruments used for trade to be verified  
  • 18GB Installingmeasuring instruments not of an approved pattern  
  • 18GC Supplyingmeasuring instruments not of an approved pattern  
  • 18GCA Letting for hire or loaning unverified measuring instruments  
  • 18GD Inaccurate use of measuring instruments  
  • 18GE Using or supplying inaccurate measuring instruments  
  • DIVISION 3--Verification of measuring instruments
  • 18GF Overview  
  • 18GG Meaning of  
  • 18GH Who is permitted to verify measuring instruments other than utility meters?  
  • 18GI Who is permitted to verify utility meters?  
  • 18GJ Register of verification marks  
  • 18GK Requirements for verification  
  • 18GL Standards of measurements to be used for verification  
  • 18GM Using a verification mark when not permitted to do so  
  • 18GN Saleor supply of measuring instrument marked by someone not permitted to do so  
  • 18GO Misleading marks  
  • 18GP Wrongful possession of an instrument for making a verification mark  
  • 18GPA Obligation to obliterate verification mark--person who adjusts or repairs measuring instrument  
  • 18GQ Obligation to obliterate verification mark--person who causes adjustment or repair of measuring instrument  
  • 18GR Measuring instrument taken not to have failed test procedures in certain circumstances  

PART V--GENERAL--PROVISIONS ON USING MEASUREMENT IN TRADE

  • 18H Overview  
  • 18HA When is an article packed in advance ready for sale?  
  • 18HB Certain articles must be sold by measurement--articles packed in advance ready for sale  
  • 18HC Certain articles must be sold by measurement--other articles  
  • 18HD Transactions based on measurement to be in prescribed units of measurement  
  • 18HE Measuring instruments used in transactions to have prescribed scale intervals  
  • 18HF Unreliable methods of measurement  
  • 18HG Limiting use of certain measuring instruments  
  • 18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act  
  • 18HI Articles sold by measurement to be sold by net measurement  

PART VI--ARTICLES--PACKED IN ADVANCE READY FOR SALE

DIVISION 1--Overview of Part
  • 18J Overview  
  • DIVISION 2--Marking packed articles
  • 18JA Package must be marked with required package information--packer  
  • 18JB Package must be marked with required package information--importer  
  • 18JC Package must be marked with required package information--seller  
  • 18JD Package must be marked with required package information--possession, offer or exposure for sale  
  • 18JE Package must be marked in prescribed manner  
  • 18JF Using prohibited expressions--packer  
  • 18JG Using prohibited expressions--seller  
  • 18JH Using prohibited expressions--possession, offer or exposure for sale  
  • 18JHA Trade measurement inspector may give notice to remedy  
  • DIVISION 3--Average Quantity System for packed articles
  • 18JI Overview of Division  
  • 18JJ What is an AQS mark?  
  • 18JK AQS mark must be used in accordance with regulations  
  • 18JL Using misleading marks  
  • 18JLA Trade measurement inspector may give notice to remedy  
  • 18JM Shortfall offence--packer  
  • 18JN Shortfall offence--importer  
  • 18JO Shortfall offence--possession, offer or exposure for sale  
  • 18JP Shortfall offence--sale  
  • DIVISION 4--Packed articles not marked with AQS mark
  • 18JQ Overview  
  • 18JR When is there a shortfall in the measurement of a packed article?  
  • 18JS Shortfall offence--packer  
  • 18JT Shortfall offence--importer  
  • 18JU Shortfall offence--possession, offer or exposure for sale  
  • 18JV Shortfall offence--seller  
  • DIVISION 5--Permits
  • 18JW Overview  
  • 18JX Permits for certain packed articles  
  • 18JY Register of permits  
  • 18JZ Evidentiary certificate  

PART VII--OTHER--ARTICLES

  • 18K Overview  
  • 18KA Requirements if purchaser present when measurement made  
  • 18KB Requirements if purchaser not present when measurement made  
  • 18KC Articles sold by measurement--price of packaging  
  • 18KD Shortfall offence--sale  

PART VIII--ENFORCEMENT--OF PARTS IV TO VII

DIVISION 1--Overview
  • 18L Overview  
  • DIVISION 2--Evidentiary matters
  • 18LA Evidentiary certificate--shortfall offences  
  • 18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence  
  • 18LC Person giving certificate may be called to give evidence  
  • 18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits  
  • 18LE Evidence--matters relating to packing  
  • DIVISION 3--Infringement notices
  • 18LF When an infringement notice can be given  
  • 18LG Matters to be included in an infringement notice  
  • 18LH Amount of penalty  
  • 18LI Withdrawal of an infringement notice  
  • 18LJ What happens if the penalty is paid  
  • 18LK Effect of thisDivision on criminal proceedings  
  • DIVISION 4--Additional enforcement options
  • 18LL Overview  
  • 18LM Accepting undertakings  
  • 18LN Enforcing undertakings  
  • 18LO Injunctions  
  • 18LP Secretary may publicise offences  
  • 18LQ Affected contracts etc. voidable  

PART IX--TRADE--MEASUREMENT INSPECTORS

DIVISION 1--Overview of Part
  • 18M Overview  
  • DIVISION 2--Appointment of trade measurement inspectors and identity cards
  • 18MA Appointment of trade measurement inspectors  
  • 18MB Identity card  
  • 18MC Evidentiary certificate--appointment and class of trade measurement inspector  
  • DIVISION 3--Powers of trade measurement inspectors
  • 18MD Overview  
  • 18MDA Powers of trade measurement inspectors in public areas of business premises  
  • 18ME Monitoring powers  
  • 18MF Collecting evidential material  
  • 18MG General powers of trade measurement inspectors  
  • 18MH Trade measurement inspector may request persons to answer questions or produce documents  
  • 18MI English translation of book, record or document requested by a trade measurement inspector  
  • 18MIA Trade measurement inspector may give directions to controllers of business vehicles etc.  
  • 18MJ Power to give directions in relation to re-verification  
  • 18MK Power to verify measuring instruments on request  
  • 18ML Evidentiary certificate--examination and calibration under section 18MK  
  • 18MM Trade measurement inspector must obliterate verification mark  
  • 18MMA Notices to remedy  
  • DIVISION 4--Obligations of trade measurement inspectors
  • 18MN Trade measurement inspector must produce identity card on request  
  • 18MO Details of warrant to be given to controller etc.  
  • 18MP Consent to enter residential premises  
  • 18MQ Announcement on entry or inspection  
  • 18MR Compensation for damage to electronic equipment  
  • 18MS Copies of seized things to be provided  
  • 18MT Receipts for things seized  
  • 18MU Retention of seized things  
  • 18MV Magistrate may permit a thing to be retained  
  • DIVISION 5--Controller's rights and responsibilities
  • 18MW Controller entitled to be present during search  
  • 18MX Controller must provide trade measurement inspector with facilities and assistance  
  • DIVISION 6--Warrants
  • 18MY Overview  
  • 18MZ Monitoring warrants  
  • 18MZA Warrants relating to the collection of evidential material  
  • 18MZB Urgent warrant for the collection of evidential material  
  • 18MZC Powers conferred on magistrates in their personal capacity  
  • 18MZD Immunity of magistrates  

PART X--SERVICING--LICENSEES

  • 18N Overview  
  • 18NA Application for a servicing licence  
  • 18NB Granting a servicing licence  
  • 18NC Circumstances in which servicing licence must be refused  
  • 18ND Where the applicant is a body corporate  
  • 18NE Where the applicant is a partnership  
  • 18NF Register of servicing licences  
  • 18NG Conditions may be imposed on servicing licences  
  • 18NH Conditions on all servicing licences  
  • 18NI Application to amend a condition of a servicing licence  
  • 18NJ Application to change servicing licensee due to change of partnership  
  • 18NK Application for renewal of servicing licence  
  • 18NL Renewal of servicing licence  
  • 18NM Surrender and transfer of servicing licence  
  • 18NN Order preventing employment of certain persons  
  • 18NO Offence--breaching a condition of a servicing licence  

PART XI--PUBLIC--WEIGHBRIDGES

DIVISION 1--Public weighbridge licences
  • 18P Overview  
  • 18PA Application for a public weighbridge licence  
  • 18PB Granting a public weighbridge licence  
  • 18PC Circumstances in which public weighbridge licence must be refused  
  • 18PD Where the applicant is a body corporate  
  • 18PE Where the applicant is a partnership  
  • 18PF Register of public weighbridge licences  
  • 18PG Conditions may be imposed on public weighbridge licences  
  • 18PH Conditions on all public weighbridge licences  
  • 18PI Application to amend a condition of a public weighbridge licence  
  • 18PJ Application to change public weighbridge licensee due to change of partnership  
  • 18PK Application to contract out the operation of the public weighbridge  
  • 18PL Application for renewal of public weighbridge licence  
  • 18PM Renewal of public weighbridge licence  
  • 18PN Surrender and transfer of public weighbridge licence  
  • 18PO Effect of relocation of licensed public weighbridge  
  • 18PP If weighbridge no longer suitable for use as public weighbridge  
  • 18PQ Order preventing employment of certain persons  
  • 18PR Order preventing contract with certain person to operate public weighbridge  
  • 18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge  
  • DIVISION 2--Offences in relation to public weighbridges
  • 18PT Offence--making a weighbridge available as a public weighbridge when not licensed etc.  
  • 18PU Offence--breaching a condition of a public weighbridge licence  

PART XII--DISCIPLINARY--ACTION AGAINST SERVICING LICENSEES AND PUBLIC WEIGHBRIDGE LICENSEES

  • 18Q Overview  
  • 18QA Grounds for disciplinary action  
  • 18QB Notice to licensee of grounds for disciplinary action  
  • 18QC Taking disciplinary action  
  • 18QD Accepting undertakings  
  • 18QE Enforcing undertakings  
  • 18QF Secretary may publicise grounds on which disciplinary action taken, etc.  

PART XIII--UTILITY--METER VERIFIERS

DIVISION 1--Appointment of utility meter verifiers on application
  • 18R Applying to be a utility meter verifier  
  • 18RA Appointment of utility meter verifiers  
  • 18RB Conditions on appointment of utility meter verifiers  
  • 18RC Secretary must allocate utility meter verifier's mark  
  • 18RCA NATA accredited verifiers  
  • DIVISION 2--Disciplinary action against utility meter verifiers appointed on application
  • 18RD Notice to utility meter verifier of intention to take disciplinary action  
  • 18RE Secretary may seek further information  
  • 18RF Secretary must consider utility meter verifier's submission and information in making a decision under section 18RG  
  • 18RG Taking of disciplinary action against a utility meter verifier  
  • DIVISION 3--AppointingCommonwealthor State officials etc. as utility meter verifiers
  • 18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers  
  • 18RI Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH  

PART XIV--MISCELLANEOUS

  • 19 Maintaining of standards of measurement etc. before regulations prescribing units take effect  
  • 19A Patterns of instruments  
  • 19AAA Tolerances  
  • 19AAB Measuring instrument--accordance with pattern  
  • 19B Offences  
  • 19C Offences committed by employees--liability of employee  
  • 19D Offences committed by employees--liability of employer  
  • 19E Offences committed by agents--liability of agent  
  • 19F Offences committed by agents--liability of principal  
  • 19H Protected information  
  • 19J Review by Administrative Appeals Tribunal of decisions under this Act  
  • 19K Jurisdiction of the Federal Court of Australia and theFederal Circuit and Family Court of Australia (Division 2)  
  • 19L Fees recoverable as a debt due to the Commonwealth  
  • 19M Rights may be amended, suspended or cancelled etc.  
  • 19N Compensation for acquisition of property  
  • 19P Evidentiary matters--signature of Secretary or trade measurement inspector  
  • 19Q Chief Metrologist may determine matters  
  • 20 Regulations  

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